Turn to this manual when a probate matter appears headed toward litigation. Leading Florida probate practitioners will guide you through the complex issues
that arise in probate such as homestead, will construction proceedings, creditors' claims, and compensation disputes.

The Tenth Edition of Litigation Under Florida Probate Code discusses numerous recent statutory and rules changes and reflects the latest case law. This new
edition also incorporates discussions of hot topics including:

• The "principle of priority" and what triggers the commencement of proceedings under this principle, Perelman v. Estate of Perelman, 124 So.3d 983
(Fla 4th DCA 2013).

• The adoption of adults under F.S. 63.042(1).

• The Slayer Statute, F.S. 732.802, and a discussion regarding how the statute does not require a beneficiary to have physically commit the murder--an instigator or co-perpetrator of the murder may be considered a slayer under this statute.

• The probate court's discretion to deny appointment of a personal representative on the basis of an existing conflict of interest as it relates to intestate estate administration, Long v. Willis, 113 So.3d 80 (Fla. 2d DCA 2013).

• Dismissal of a personal injury case is not required due to the death of the plaintiff; the case is suspended until personal representative is added as a party, and has received reasonable opportunity to amend the complaint, Capone v. Phillip Morris USA, Inc., 116 So.3d 363 (Fla. 2013).

The Florida Bar

Protecting Rights, Pursuing Justice, Promoting Professionalism.

The mission of The Florida Bar Continuing Legal Education Committee is to assist members of The Florida Bar in their continuing legal education and to facilitate the development, production, and delivery of quality CLE opportunities for the benefit of Bar members in coordination with the sections, committees, and staff of The Florida Bar and others who participate in the CLE process.

Through a joint publishing relationship, The Florida Bar and LexisNexis have combined their expertise to best serve the information needs of those practicing law in Florida.

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